Int. No. 446
By Council Member Dromm
Title
A Local Law to amend the administrative code of the city of New York, in relation to rescinding a waiver to the right to file a claim under the human rights law
Body
Be it enacted by the Council as follows:
Section 1. Chapter five of title eight of the administrative code of the city of New York, is amended by adding a new section 8-503 to read as follows:
8-503. Waiver of claims under this title. a. An employee may not waive any right or claim under this title unless the waiver is knowing and voluntary. A waiver may not be considered as knowing and voluntary unless (i) the waiver is part of an agreement between the individual and the employer that is written in a manner calculated to be understood by such individual, or by the average individual eligible to participate; (ii) the waiver specifically refers to rights or claims arising under this title; (iii) the individual does not waive rights or claims that may arise after the date the waiver is executed; (iv) the individual waives rights or claims only in exchange for consideration in addition to anything of value to which the individual already is entitled; (v) the individual is advised in writing to consult with an attorney prior to executing the agreement; (vi)(a) the individual is given a period of at least 21 days within which to consider the agreement; or (b) if a waiver is requested in connection with an exit incentive or other employment termination program offered to a group or class of employees, the individual is given a period of at least 45 days within which to consider the agreement; (vii) the agreement provides that for a period of at least 7 days following the execution of such agreement, the individual may revoke the agreement, and the agreement shall not become effective or enforceable until the revocation period has expired; and (viii) if a waiver is requested in connection with an exit incentive or other employment ter...
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